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Honorable PrestonSmith Opinion No. C-729 Lieutenant Governor Austin, Texas Re: Constructionof Article 23a,Vernon's Civil Statutes, related to uniform system of time In view of the enactment of Public Law 89-387 UniformTime Dear Governor Smith: Act of 1966.

Your request for an opinion on the above subject matter reads as follows:

"The State of Texas by the enactmentof Art. 23a, V. A. C. S., (Acts1947, 50th Legislature, Page 723, Chapter 359, Sec. l), adopted central standard time as official. "The 89th Congress,by the enactmentof Public Law 89-387 on April 13, 1966, amended the Federal laws pertaining to time, and establishedan official time applicable throughout the United States and its territories,with the exception that any Statemay by law exempt itself from the provisionsof the subsection providing for the advancement of time. The Federal amendment is to be effective on April 1, 1967, and there has been some inquiry as to whether or not our State law has been nullifiedby the later Federal legislation. "Willyou please take this derationand adviseme, in view and Federal law, whether or not matterunder consiof both our State our State law is be necessary that still applicable or if it will we re-enact our 8tate statute in order to retain central standardas the official time for the State of Texas?" Article 23a Vernon's Civil Statutes, enacted in 1947, providesas follows:

"The standard time throughout this state shall be that of the ninetieth (90th)meridian of Ion@- tude west from Greenwich,commonly known as 'central

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standard time'; provided,however, that regions of this State using Mountain Standard Time shall continue touse that time as their official standard time. In all statutes orders rules and regulations either now in f&ce or hereaft& to be promulgated relating to the time within which any Act shall 0; shall not be performedby any person, it shall be understood and intended that the time referred to is the standard time as provided for in$his Article,unless otherwise expresslyprovidThe pertinentprovi&.onsof PublicLaw 89-387; 80 Stat. 107, known as theUniform Time Act of 1966, reads as follows:
"Sec. 3. (a) During the period commenaing at 2 o'clock antemeridian on the last Sunday of April of each year and ending at 2 o'clock antemeridian on the last Sunday of October of each year, the standard time of each zone established by theAct of March 19, 1918 (15U.S.C. 261-264), as modified by the Act of March 4, 1921 (15U.S.C. 265), shall be advanced one hour and such time as so advanced shall for the purposesof suchAct of March 19, 1918 as somodified,be the standard time of such z&e during such period; except that any Statemay by law exempt itself from the provisions of this subsectionproviding for the advancement of time but only if such law provides that the entire S&ate (includingall political subdivisionsthereof) shall observe the standard time otherwiseapplicableunder suchAct of March 19, 1918, as somodified, during such period. "(b) It is hereby declared that it is the express intent of Congressby this section to supersedeany and all laws of the States or political subdivisionsthereof insofar as theymay now or hereafter provide for advances in time ,orchangeoverdates different from those specified in this section. "(c) For any violation of the provisionsof this section the Interstate Commerce Commission or its duly authorizedagentmay apply to the district court of the United States for the district in which such violation occurs for the enforcementof this section;and such court shall have jurisdictionto enforce obedience thereto by
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Hon. PrestonSmith, page 3

writ of injunctionor (c-729 1

by other process mandatory

. _ .J

_ or otherwise, restrainingagainst rurther violations of this sectionand enjoining obedience thereto.
"Sec. 4. (a) The first section of the Act of March 19, 1918, as amended (15 U.S.C. 261), is amended to read as follows: "'Thatfor the purpose of establishingthe standard time of the United States, the territoryof the United States shallbe divided into eight zones in themanner provided in this section. Except as provided in Section 3 (a)of the Uniform Time Act of 1966. the standard time of the first zone shall be based on themean solar time of the sixtieth degree of longitudewest from Greenwich; that of the second zone on the seventy-fifthdegree; that of the third zone on the ninetiethdegree; thr of the fourth zone on the one hundred and fifth degree; that of the fifth zone on the one hundred and twentieth degree: that of the sixth zone on the one hundred and thirty-fifthdegree: that of the seventh zone on the one hundred and fiftieth degree; and that of the eigm zone on the one hundred and sixty-fifthdegree. The limits of each zone shall be defined by an order of the Interstate Commerce Commission,having regard for the convenienceof commerceand the existing junctionpoints and division points of common carriers engaged in interstateor foreign commerce,and any such ordermay be modified from time to time. As used in this Act, the term "interstateor foreign commercel' means commerce betweena State, the District of Columbia, the Commonwealth of PuertoRico, or any possession of theUnited States and any place outside thereof.'

"(c) Section 4 of such Act is amended to read as follows:
"'Sec. 4. The standard time of the first zone shallbe known and designatedas Atlantic standard time; that of the second zone shallbe known and designatedas eastern standard time; that of the third zone shallbe known and designated as central standard time; that of the fourth zone shallbe known and designatedas -350.5. .

Hon. PrestonSmith, page 4 (C-729 )

mountain standard time; that of the fifth zone shall be known and designatedas Pacific standard time; that of the sixth zone shall be known and designatedas Yukon standard time; that of the seventh zone shall be known and designatedas Alaska-Hawaii standard time; and that of the eighth zone shall be known and designatedas Bering standard time.' I,

. . . “Sec. 6. This Act shall take effect on April 1, 1967;
. . . .

"oughout) Since Congressby the enactment of PublicLaw 89- 387 now requires the observance of uniform time, it has preempted the field concerninguniform time, and the provisions of PublicLaw 89-387, above quoted, will prevailover State legislation if a conflict exists. Section 4 states that the limits of each zone shall be defined by an order of the Interstate Commerce Commissionrather than the Act itself prescribing the territorial limits of the eight zones named therein. Therefore, on April 1, 1967, (theeffectivedate of theAct), the time zone or time zones in which the territorial limits of the State of Texas is placedwill be determinedby the order of the InterstateCommerce Commissiondefining the limits of each zone rather than theAct entitled: An Act to transfer the Panhandleand Plain section of Texas and Oklahoma to theUnited States standard central time zone; aprovedMarch 4, 1921, (15U.S.C. 265). Thus, Section 3(a), providing for the advancement of time, does not determine the territorial limits of each zone; rather, it merely provides for the advancement of time within each zone during specifiedportions of the year,

Under the provisionsof Section 3(a), any state is pern&!t.ted,to

exempt itself from the provisionsof Section 3(a) providingfor the advancement of time,but only if the entire state shall observe the standardtime otherwiseapplicable. Since Article 23a Vernon's Civil Statutes does not require the entire State to observe the standard time otherwise applicableunder PublicLaw 89-387, it will be necessary to amend Article 23a in order for the State of Texas to exempt itself from the provisionsof Section 3(a) of the Uniform Time Act of 1966.

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SUMMARY
In order for the State of Texas to exempt itself from the provisionsof Section 3 of Public Law 89-387 providing for the advancement of time on the last Sunday of April of eachyear and ending on the last Sunday of October of eachyear, it is necessary to amend Article 23a,Vernon's Civil Statutes. Very trulyyours, WAGGONER CARR Attorney General

JR:mh:dh
APPROVED: OPINION COMMITTEE
W. 0. Shultz, Chairman
PatBailey JamesMcCoy Phillip Crawford Marvin Sentell
APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright

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